Vogel v. Gruenhagen
Vogel v. Gruenhagen
Opinion of the Court
'Plaintiffs are the owners of certain lots in the village of Howard Lake, Wright county, and defendant is the owner of an unplatted parcel of land directly to the north of plaintiffs’ lots. It is unnecessary here to recite the legal description of the properties. The lands of the parties have a common boundary. Plaintiffs claim that defendant trespassed on their lots by building a house over the line and causing other damage and ask that they be adjudged the owners of said lots and that defendant be directed to remove the improvements and restore the property. The defendant claims that the location of the boundary line between the two tracts is in dispute, that the true boundary passes some distance south of defendant’s dwelling, and that the claimed true boundary has been acquiesced in by the parties and their predecessors for more than 15 years. He asks that the boundary line between the lands of the parties be defined and determined. The trial court found that the plaintiffs for
The evidence fully supports the findings. In view of what follows, it is unnecessary to recite or discuss it. The particular ridge of earth which marked the line between the properties of the parties was observed and recognized by plaintiffs and defendant and his predecessors in interest for nearly 30 years. Stakes were placed on the center of the ridge, and a survey determined the location of the line with reference to the southerly wall of defendant’s dwelling. The result of the survey is set out in the findings.
“In this particular case there isn’t too much difference in the testimony as to the physical facts, i.e., the general appearance of the area in which the property in question is located. All parties agree that there was a ridge of earth which has been recognised for more than fifteen years as the boundary line between the plaintiffs’ property involved herein am,d that of the defendant.” (Italics supplied.)
Judgment affirmed.
Reference
- Full Case Name
- Charles J. Vogel and Another v. Herbert Gruenhagen. [Fn1]
- Status
- Published
- Syllabus
- Boundaries — establishment — practical location — sufficiency of evidence. In a boundary dispute, it is held that the evidence to establish a boundary line by practical location is so clear, positive, and unequivocal that the court did not err in establishing such boundary.